Land division + surveying still pending -> buy already?

Hello everyone,

we want to divide a plot of about 1000 sqm and then buy the largest part (about 800 sqm) of it. The plot is developed and located in NRW. Therefore, a subdivision permit must first be obtained.

Due to the approval, surveying, notarial purchase, etc., it is unfortunately no longer possible to complete everything this year, which is very unfortunate because of the increase in real estate transfer tax.

The cadastral office has now informed me that I can already buy the part of the plot that is yet to be surveyed. What should be considered in this regard and what order should I now follow?

1. Draw the "desired" plot boundary in the cadastral map and send it to the cadastral office
2. The cadastral office prepares the application for subdivision approval
3. When the approval is granted -> go to the notary (beforehand I would ask the notary what information is needed so that I am allowed to acquire a plot that is still to be subdivided/surveyed).

Hello, Dirk, as a surveyor, will surely go into detail on the topic of subdivision.

The land registry office has now informed me that I can already purchase the part of the property to be surveyed.

Then you should do that, because the date of the notary appointment counts for the assessment of the real estate transfer tax. Since there are about 5 ½ weeks left until the end of the 14th, it’s no problem to pay 5 instead of 6.5%.

What should be considered here and what order should I follow now? 1. Draw the "desired" property boundary on the cadastral map and send it to the land registry office 2. Land registry office prepares the application for subdivision approval 3. When the approval is granted -> go to the notary (before that, I would ask the notary what information he needs so that I am allowed to purchase a property that is still to be subdivided/surveyed).

You can’t do anything yourself here; you need a surveyor who will handle these matters for you. Rhine regards

In general, the purchase of a yet-to-be-surveyed partial area of approximately 800 sqm is possible. As an attachment to the purchase contract, the current cadastral map is usually used, in which the area to be surveyed is marked. The priority notice of conveyance then only refers to this area; the same applies to the creation of a land charge.

Hello everyone,

we want to divide a plot of about 1000 sqm and then buy the larger part of it (about 800 sqm).
The plot is developed and located in NRW. Therefore, a subdivision permit must be obtained first.

Due to the approval, surveying, notarized purchase, etc., unfortunately, this cannot all be done this year anymore, which is very unfortunate because of the increase in property transfer tax.

The cadastre office has now given me the advice that I can already buy the part of the plot that still needs to be surveyed.
What should be considered here and what sequence should I follow now?

1. Draw the "desired" property boundary in the cadastral plan and send it to the cadastre office
2. The cadastre office prepares the application for subdivision approval
3. Once the approval is granted -> go to the notary (beforehand I would ask the notary what information he needs so that I can purchase a plot that still needs to be subdivided/surveyed).

As already described, the purchase contract can be drawn up and the subdivided area can be marked there. Whether the property transfer tax is then calculated according to the 2014 or 2015 regulations is a question that the tax office or a notary must answer.

Regarding speed: where in NRW is the property? It is best to send a sketch of the plot including all (!) buildings and the planned subdivision with the correct property designation - it might still be possible this year if the notary is also on the ball.

Best regards
Dirk Grafe

... if the notary is on the ball as well.

I simply assume that! Because who is against quick money? The notaries will be the winners anyway in the run-up to the increase of the real estate transfer tax. Rhine greetings